Fremont, CA Public Conduct: Loitering Rules (2026)
Key Facts
- Governing law
- FMC Sec. 9.05.120 (Craps loitering)
- Scope
- Loitering near an active craps game only
- Knowledge presumption
- 10 feet, 5+ minutes (Sec. 9.05.140)
- Max penalty
- $1,000 fine or 6 months jail
- General sidewalk loitering
- Not separately regulated citywide
Summary
Fremont's only loitering-specific ordinance targets illegal gambling: Municipal Code Section 9.05.120 makes it unlawful to loiter, with knowledge, about any public place where people are playing craps or a variation for stakes. The city has no general sidewalk-loitering ban for the public at large; this provision is narrowly tied to enforcement of the citywide craps prohibition in Section 9.05.110.
No person in the city shall, with knowledge of such game, loiter about any public place where persons are engaging or participating in the game of craps or any variation thereof, for anything of value.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 02-2026, passed May 5, 2026).
Full Breakdown
05, Article II, Craps and Variations Thereof, which the city council adopted by Ordinance 198. 110: no person may engage or participate in a game of craps or a variation, for anything of value, in a public place. 120 then extends liability to bystanders, making it unlawful for anyone who knows a craps game is underway to loiter about the public place where it is happening. 100(a) to include any public highway, road, street, sidewalk, lane, alley, open private grounds, or structure open to public view from public or adjoining private property.
140 creates a rebuttable presumption that anyone who is at or within 10 feet of the game for five or more minutes had knowledge of it, which shifts the burden to the defendant. 070. Fremont's police department handles this chapter because it sits in Title 9 (Public Peace, Morals and Safety) alongside the city's other public-order offenses. Outside this gambling-specific context, the municipal code does not define or punish loitering in general public spaces such as sidewalks or transit stops.
Violations & Fines
A loitering conviction under Section 9.05.120 is a misdemeanor under the citywide penalty section, Section 1.15.020, carrying a fine of up to $1,000, up to six months in county jail, or both, though the enforcement officer may charge it as an infraction instead. Presence within 10 feet of the game for five minutes or more is presumptive proof of knowledge under Section 9.05.140.
Frequently Asked Questions
Does Fremont have a general anti-loitering law for sidewalks or parks?
How does the city prove someone knew a craps game was happening?
What can police seize if they break up the game?
Sources & Official References
Other rules in Fremont
California rules heatmap·Compare Fremont to another location·View the California public conduct overview
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Loitering Rules in Nearby Cities
How other cities in Alameda County handle loitering rules.